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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 4
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Rickelle Williams, Interim City Manager
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| DATE: June 10, 2024
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| | | | | | | | | TITLE: | DISCUSS CURRENT INCENTIVES FOR AVERAGE UNIT SIZE REQUIREMENTS IN RESIDENTIAL APARTMENT UNITS |
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| | | | | | | | HISTORY:
| On March 5, 2024, the Land Use and Sustainability Committee (LUSC) discussed hotel related items. At the request of Commissioner Alex Fernandez, as well as Commissioner Tanya K. Bhatt and Joseph Magazine, the LUSC recommended that the City Commission refer a separate discussion item to the LUSC regarding the current average unit size requirement for residential apartment units. On April 3, 2024, at the request of Commissioner Alex Fernandez, the Mayor and City Commission referred the subject discussion item (C4 E) to the LUSC.
Under the Land Development Regulations of the City Code (LDRs), the minimum unit size requirement for residential apartment units (non-workforce or affordable units) is 550 square feet per unit. Additionally, the average unit size for such units within a zoning district that permits the short-term rental of apartment units (STRs) is 800 square feet. For zoning districts that prohibit STRs, there is no average unit size requirement.
These minimum and average unit size requirements are applicable in all zoning districts that allow residential apartments, including residential multi-family (RM and RPS), commercial (CD and CPS), as well as mixed-use (MXE) districts. As noted in the attached referral memo, the item sponsor would like the LUSC to discuss the average unit size requirements for residential apartments and whether any amendments may be warranted.
The item was deferred at the May 1, 2024 LUSC meeting. |
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| | | | | | | | ANALYSIS:
| When the current Resiliency Code was adopted by the City Commission on February 1, 2023, the requirement for an average unit size in residential apartment units was amended. Specifically, zoning districts that currently prohibit STRs, including the RM-1, R-PS1, R-PS2, RO and CD-1 districts, no longer have an average unit size requirement.
To ensure that the elimination of an average unit size requirement did not result in an increase in STR’s, the existing average unit size requirement remains in place for those zoning districts that currently permit STRs. However, a property owner can forgo the average unit size limits within such districts if they voluntarily proffer not to have any STR’s. The following is the adopted text that effectuates this requirement:
Voluntary average unit size incentive program. Developments located in zoning districts that do not prohibit the short-term rental of residential apartment units shall be eligible for an exemption from the applicable average unit size requirements set forth in the underlying district, subject to the following conditions:
a. Density. The development shall not be permitted to exceed the maximum residential density established in the Comprehensive Plan or Land Development Regulations.
b. Minimum Unit Size. This incentive shall not be construed to permit any units that is smaller than the minimum allowable unit size for the type of unit being proposed.
c. Covenant. To be eligible for this voluntary average unit size incentive, the property owner, at the owner’s sole discretion, shall voluntarily execute a restrictive covenant running with the land, in a form approved by the City Attorney, affirming that in perpetuity no residential units on the property shall be leased or rented for a period of less than six months and one day.
The above noted exception for average unit size incentivizes non-transient residential uses in zoning districts that currently permit STRs. From a practical standpoint, the districts that currently prohibit STRs are not likely to see a significant increase in density under the current standard of not having an average unit size requirement, as the maximum intensity and density of these districts are smaller.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the City Commission, if applicable. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| ATTACHMENTS: | | Description | Type |  | REF C4E | Memo |
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